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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 314-S.F.No. 2580 
                  An act relating to crimes; providing that certain 
                  license revocation hearings do not give rise to an 
                  estoppel on any issues in criminal prosecutions; 
                  providing for jurisdiction over persons found to have 
                  caused a delinquent act or charged by a juvenile 
                  petition; making it child endangerment to permit a 
                  child to be present when a person possesses certain 
                  chemical substances used to manufacture controlled 
                  substances; prescribing penalties for persons who 
                  escape from electronic monitoring; excluding habitual 
                  truant from the definition of juvenile petty offender; 
                  providing that there is no right for appointment of 
                  counsel at public expense for habitual truant cases; 
                  amending Minnesota Statutes 2000, sections 169A.53, 
                  subdivision 3; 260B.193, subdivision 5; 260C.163, 
                  subdivision 3, as amended; 609.378, subdivision 1; 
                  609.485, subdivisions 3, 4; 634.20; Minnesota Statutes 
                  2001 Supplement, sections 260B.007, subdivision 16, as 
                  amended; 260C.141, subdivision 3, as amended. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 169A.53, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
        review hearing under this section must be before a district 
        judge in any county in the judicial district where the alleged 
        offense occurred.  The hearing is to the court and may be 
        conducted at the same time and in the same manner as hearings 
        upon pretrial motions in the criminal prosecution under section 
        169A.20 (driving while impaired), if any.  The hearing must be 
        recorded.  The commissioner shall appear and be represented by 
        the attorney general or through the prosecuting authority for 
        the jurisdiction involved.  The hearing must be held at the 
        earliest practicable date, and in any event no later than 60 
        days following the filing of the petition for review.  The 
        judicial district administrator shall establish procedures to 
        ensure efficient compliance with this subdivision.  To 
        accomplish this, the administrator may, whenever possible, 
        consolidate and transfer review hearings among the locations 
        within the judicial district where terms of district court are 
        held. 
           (b) The scope of the hearing is limited to the issues in 
        clauses (1) to (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of a 
        motor vehicle or commercial motor vehicle in violation of 
        section 169A.20 (driving while impaired)? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169A.20? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169A.41 (preliminary screening test)? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        section 169A.51, subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken by a person driving, operating, or 
        in physical control of a motor vehicle, did the test results 
        indicate at the time of testing: 
           (i) an alcohol concentration of 0.10 or more; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols? 
           (9) If a test was taken by a person driving, operating, or 
        in physical control of a commercial motor vehicle, did the test 
        results indicate an alcohol concentration of 0.04 or more at the 
        time of testing? 
           (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It is an affirmative defense for the petitioner to 
        prove that, at the time of the refusal, the petitioner's refusal 
        to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates are admissible as substantive 
        evidence. 
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner.  The court shall file its order 
        within 14 days following the hearing.  If the revocation or 
        disqualification is sustained, the court shall also forward the 
        person's driver's license or permit to the commissioner for 
        further action by the commissioner if the license or permit is 
        not already in the commissioner's possession. 
           (f) Any party aggrieved by the decision of the reviewing 
        court may appeal the decision as provided in the rules of 
        appellate procedure. 
           (g) The civil hearing under this section shall not give 
        rise to an estoppel on any issues arising from the same set of 
        circumstances in any criminal prosecution. 
           Sec. 2.  Minnesota Statutes 2001 Supplement, section 
        260B.007, subdivision 16, as amended by Laws 2002, chapter 220, 
        article 6, section 10, is amended to read: 
           Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  "Juvenile petty offense" also includes a habitual 
        truant, as defined in section 260C.007, subdivision 19, unless a 
        petition brought under chapter 260C states that an out-of-home 
        placement is sought for the child.  
           (b) Except as otherwise provided in paragraph (c), 
        "juvenile petty offense" also includes an offense that would be 
        a misdemeanor if committed by an adult.  
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 518B.01, 
        588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 
        609.746, 609.748, 609.79, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260B.225; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender."  
           Sec. 3.  Minnesota Statutes 2001 Supplement, section 
        260C.141, subdivision 3, as amended by Laws 2002, chapter 220, 
        article 6, section 11, is amended to read: 
           Subd. 3.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
        HABITUAL TRUANT.] (a) If there is a school attendance review 
        board or county attorney mediation program operating in the 
        child's school district, a petition alleging that a child is in 
        need of protection or services as a habitual truant under 
        section 260C.007, subdivision 6, clause (14), may not be filed 
        until the applicable procedures under section 260A.06 or 260A.07 
        have been followed. 
           (b) A petition alleging that a child is in need of 
        protection or services as a habitual truant under section 
        260C.007, subdivision 6, clause (14), must give notice that the 
        petitioner is seeking an out-of-home placement of the child.  If 
        the petition does not state that an out-of-home placement is 
        sought for the child, the matter must proceed as a juvenile 
        petty offense action under chapter 260B.  
           Sec. 4.  Minnesota Statutes 2000, section 260C.163, 
        subdivision 3, as amended by Laws 2002, chapter 220, article 6, 
        section 12, is amended to read: 
           Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
        guardian or custodian has the right to effective assistance of 
        counsel in connection with a proceeding in juvenile court. 
           (b) Except in proceedings where the sole basis for the 
        petition is habitual truancy, if they the child, parent, 
        guardian, or custodian desires counsel but is unable to employ 
        it, the court shall appoint counsel to represent the child who 
        is ten years of age or older or the parents or guardian in any 
        case in which it feels that such an appointment is appropriate.  
           (c) In any proceeding where the sole basis for the petition 
        is habitual truancy, the child, parent, guardian, and custodian 
        do not have the right to appointment of a public defender or 
        other counsel at public expense.  However, before any 
        out-of-home placement, including foster care or inpatient 
        treatment, can be ordered, the court must appoint a public 
        defender or other counsel at public expense in accordance with 
        paragraph (b). 
           (d) Counsel for the child shall not also act as the child's 
        guardian ad litem.  
           (d) (e) In any proceeding where the subject of a petition 
        for a child in need of protection or services is not represented 
        by an attorney, the court shall determine the child's 
        preferences regarding the proceedings, if the child is of 
        suitable age to express a preference.  
           (e) A child, parent, guardian, or custodian is not entitled 
        to counsel at public expense in a case involving a child alleged 
        to be in need of protection or services as a habitual truant 
        under section 260C.007, subdivision 6, clause (14), unless the 
        petition states that an out-of-home placement is sought for the 
        child. 
           Sec. 5.  Minnesota Statutes 2000, section 260B.193, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TERMINATION OF JURISDICTION.] (a) The court may 
        dismiss the petition or otherwise terminate its jurisdiction on 
        its own motion or on the motion or petition of any interested 
        party at any time.  Unless terminated by the court, and except 
        as otherwise provided in this subdivision, the jurisdiction of 
        the court shall continue until the individual becomes 19 years 
        of age if the court determines it is in the best interest of the 
        individual to do so.  
           (b) The jurisdiction of the court over an extended 
        jurisdiction juvenile, with respect to the offense for which the 
        individual was convicted as an extended jurisdiction juvenile, 
        extends until the offender becomes 21 years of age, unless the 
        court terminates jurisdiction before that date.  
           (c) The juvenile court has jurisdiction to designate the 
        proceeding an extended jurisdiction juvenile prosecution, to 
        hold a certification hearing, or to conduct a trial, receive a 
        plea, or impose a disposition under section 260B.130, 
        subdivision 4, if: 
           (1) an adult is alleged to have committed an offense before 
        the adult's 18th birthday; and 
           (2) a petition is filed under section 260B.141 before 
        expiration of the time for filing under section 628.26 and 
        before the adult's 21st birthday. 
        The juvenile court lacks jurisdiction under this paragraph if 
        the adult demonstrates that the delay was purposefully caused by 
        the state in order to gain an unfair advantage. 
           (d) The district court has original and exclusive 
        jurisdiction over a proceeding: 
           (1) that involves an adult who is alleged to have committed 
        an offense before the adult's 18th birthday; and 
           (2) in which a criminal complaint is filed before 
        expiration of the time for filing under section 628.26 and after 
        the adult's 21st birthday. 
           The juvenile court retains jurisdiction if the adult 
        demonstrates that the delay in filing a criminal complaint was 
        purposefully caused by the state in order to gain an unfair 
        advantage. 
           (e) The juvenile court has jurisdiction over a person who 
        has been adjudicated delinquent, has been found to have 
        committed a delinquent act, or has been charged by juvenile 
        petition until the person's 21st birthday if the person fails to 
        appear at any juvenile court hearing or fails to appear at or 
        absconds from any placement under a juvenile court order.  The 
        juvenile court has jurisdiction over a convicted extended 
        jurisdiction juvenile who fails to appear at any juvenile court 
        hearing or fails to appear at or absconds from any placement 
        under section 260B.130, subdivision 4.  The juvenile court lacks 
        jurisdiction under this paragraph if the adult demonstrates that 
        the delay was purposefully caused by the state in order to gain 
        an unfair advantage.  
           Sec. 6.  Minnesota Statutes 2000, section 609.378, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
        ENDANGERMENT.] (a)  [NEGLECT.] (1) A parent, legal guardian, or 
        caretaker who willfully deprives a child of necessary food, 
        clothing, shelter, health care, or supervision appropriate to 
        the child's age, when the parent, guardian, or caretaker is 
        reasonably able to make the necessary provisions and the 
        deprivation harms or is likely to substantially harm the child's 
        physical, mental, or emotional health is guilty of neglect of a 
        child and may be sentenced to imprisonment for not more than one 
        year or to payment of a fine of not more than $3,000, or both.  
        If the deprivation results in substantial harm to the child's 
        physical, mental, or emotional health, the person may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both.  If a 
        parent, guardian, or caretaker responsible for the child's care 
        in good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the child, 
        this treatment or care is "health care," for purposes of this 
        clause. 
           (2) A parent, legal guardian, or caretaker who knowingly 
        permits the continuing physical or sexual abuse of a child is 
        guilty of neglect of a child and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both.  
           (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
        who endangers the child's person or health by: 
           (1) intentionally or recklessly causing or permitting a 
        child to be placed in a situation likely to substantially harm 
        the child's physical, mental, or emotional health or cause the 
        child's death; or 
           (2) knowingly causing or permitting the child to be present 
        where any person is selling, manufacturing, possessing immediate 
        precursors or chemical substances with intent to manufacture, or 
        possessing a controlled substance, as defined in section 152.01, 
        subdivision 4, in violation of section 152.021, 152.022, 
        152.023, or 152.024; is guilty of child endangerment and may be 
        sentenced to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both.  
           If the endangerment results in substantial harm to the 
        child's physical, mental, or emotional health, the person may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both.  
           This paragraph does not prevent a parent, legal guardian, 
        or caretaker from causing or permitting a child to engage in 
        activities that are appropriate to the child's age, stage of 
        development, and experience, or from selecting health care as 
        defined in subdivision 1, paragraph (a). 
           (c)  [ENDANGERMENT BY FIREARM ACCESS.] A person who 
        intentionally or recklessly causes a child under 14 years of age 
        to be placed in a situation likely to substantially harm the 
        child's physical health or cause the child's death as a result 
        of the child's access to a loaded firearm is guilty of child 
        endangerment and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           If the endangerment results in substantial harm to the 
        child's physical health, the person may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Sec. 7.  Minnesota Statutes 2000, section 609.485, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXCEPTIONS.] This section does not apply to a 
        person who is free on bail or who is on parole or probation, or 
        subject to a stayed sentence or stayed execution of sentence, 
        unless the person (1) has been taken into actual custody upon 
        revocation of the parole, probation, or stay of the sentence or 
        execution of sentence, or (2) is in custody in a county jail or 
        workhouse as a condition of a stayed sentence, or (3) is subject 
        to electronic monitoring as a condition of parole, probation, or 
        supervised release. 
           Sec. 8.  Minnesota Statutes 2000, section 609.485, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody for a 
        felony, to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, or pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10, to imprisonment for not more than one year and one day 
        or to payment of a fine of not more than $3,000, or both; or 
           (3) if the person who escapes is in lawful custody for a 
        gross misdemeanor or misdemeanor, or if the person who escapes 
        is in lawful custody on an allegation or adjudication of a 
        delinquent act, to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both.  
           (b) If the escape was a violation of subdivision 2, clause 
        (1), (2), or (3), and was effected by violence or threat of 
        violence against a person, the sentence may be increased to not 
        more than twice those permitted in paragraph (a), clauses (1) 
        and (3). 
           (c) Unless a concurrent term is specified by the court, a 
        sentence under this section shall be consecutive to any sentence 
        previously imposed or which may be imposed for any crime or 
        offense for which the person was in custody when the person 
        escaped. 
           (d) Notwithstanding paragraph (c), if a person who was 
        committed to the commissioner of corrections under section 
        260B.198 escapes from the custody of the commissioner while 18 
        years of age, the person's sentence under this section shall 
        commence on the person's 19th birthday or on the person's date 
        of discharge by the commissioner of corrections, whichever 
        occurs first.  However, if the person described in this clause 
        is convicted under this section after becoming 19 years old and 
        after having been discharged by the commissioner, the person's 
        sentence shall commence upon imposition by the sentencing court. 
           (e) Notwithstanding paragraph (c), if a person who is in 
        lawful custody on an allegation or adjudication of a delinquent 
        act while 18 years of age escapes from a local juvenile 
        correctional facility, the person's sentence under this section 
        begins on the person's 19th birthday or on the person's date of 
        discharge from the jurisdiction of the juvenile court, whichever 
        occurs first.  However, if the person described in this 
        paragraph is convicted after becoming 19 years old and after 
        discharge from the jurisdiction of the juvenile court, the 
        person's sentence begins upon imposition by the sentencing court.
           (f) Notwithstanding paragraph (a), any person who escapes 
        or absconds from electronic monitoring or removes an electric 
        monitoring device from the person's body is guilty of a crime 
        and shall be sentenced to imprisonment for not more than one 
        year or to a payment of a fine of not more than $3,000, or 
        both.  A person in lawful custody for a violation of sections 
        609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
        609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
        or 609.3451 who escapes or absconds from electronic monitoring 
        or removes an electronic monitoring device while under sentence 
        may be sentenced to imprisonment for not more than five years or 
        to a payment of a fine of not more than $10,000, or both. 
           Sec. 9.  Minnesota Statutes 2000, section 634.20, is 
        amended to read: 
           634.20 [EVIDENCE OF PRIOR CONDUCT.] 
           Evidence of similar prior conduct by the accused against 
        the victim of domestic abuse, or against other family or 
        household members, is admissible unless the probative value is 
        substantially outweighed by the danger of unfair prejudice, 
        confusion of the issue, or misleading the jury, or by 
        considerations of undue delay, waste of time, or needless 
        presentation of cumulative evidence.  "Similar prior conduct" 
        includes, but is not limited to, evidence of domestic abuse, 
        violation of an order for protection under section 518B.01; 
        violation of a harassment restraining order under section 
        609.748; or violation of section 609.749 or 609.79, subdivision 
        1.  "Domestic abuse" and "family or household members" have the 
        meanings given under section 518B.01, subdivision 2. 
           Sec. 10.  [EFFECTIVE DATE.] 
           Sections 1 and 5 to 8 are effective August 1, 2002, and 
        apply to crimes committed on or after that date.  Sections 2 to 
        4 are effective July 1, 2002, except that the amendments to 
        section 260C.163, subdivision 3, paragraphs (b) and (c) are not 
        effective in the fourth judicial district until July 1, 2003. 
           Presented to the governor April 3, 2002 
           Signed by the governor April 4, 2002, 12:57 p.m.